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Losing a loved one is one of the hardest things to go through. If there is also a dispute over their Will or estate, this can make it even harder.

We have the largest specialist team in the country for dealing with Will, trust and estate disputes. We understand how difficult it can be when the terms of the Will are not as expected, or there are disagreements between those inheriting and those in charge of administering the estate or looking after the various assets.

Professional negligence – if a solicitor or Will writer has not drawn up the Will properly, or has given negligent advice

Concerns over financial deputyship, when the deceased did not have the mental capacity to manage their own affairs.

Disputes over a deceased person’s estate are unpleasant, but sadly they do happen. Large and complex estates can present even more challenges, and it’s vital you have the experts on your side.

Our team has resolved some of the country’s most high-profile disputes and are particularly experienced with the unique challenges of estates where there is rural property involved, or assets are held in different countries under multiple jurisdictions.

We understand that this is a sensitive matter, often involving close family and loved ones. At every stage we’ll strive to make sure your claim goes as smoothly as possible, and reaches the best resolution.

Whether you are making or defending a dispute against a Will or estate, our experienced and friendly team can help. We have offices across the country, and are happy to meet somewhere that’s convenient for you.

Call us today on 0345 604 4895 – or fill out our online form and we’ll call you back.

Making a claim will differ slightly depending on the circumstances of your dispute, but it’s usually made up of the same steps:

1. Investigation

We’ll examine the Will and any related documents (this might be property deeds, trust accounts, previous Wills made by the deceased).

If relevant, we may also gather medical evidence about the deceased, to understand their condition when they made the Will. This would be particularly important in disputes over whether or not someone had mental capacity to make a Will.

We might also get witness statements from those who knew the deceased, to better understand the full circumstances in which the Will was drawn up.

These investigations will help us confirm whether you can make a claim, and what type of claim it will be.

2. Mediation

Most disputes can be settled by an alternative dispute resolution method, such as mediation. This means that you don’t have to go to court, which can be costly and time-consuming.

Mediation typically takes place on one day, with a professionally trained mediator present as a neutral third party. The mediator’s role is to try to help you reach an agreement with the other parties.

3. Court

Some disputes cannot be resolved by reaching an agreed settlement. If this is the case, the matter will have to be decided by a court. This is rare, however – and if it does happen, we have the expertise to secure the best outcome for you.

Whatever the circumstances of your dispute, we’ll support you every step of the way – and we’ll give you a clear idea at the start of how long we think it will take, and the outcome we think you can expect.

The cost of a Will, trust or estate dispute varies from case to case, depending on time, complexity, and whether or not you have to go to court.

A dispute can be settled at any time if the parties can come to an agreement, and they can then decide how to split the costs between them. However, if an agreement can’t be reached and the case has to go to court, the court will decide how the costs will be paid.

There are various ways you can cover the cost of your claim, depending on your case. These include:

Legal Expenses Insurance

Conditional Fee Agreement (‘No Win No Fee’)

Payment on conclusion

Private monthly billing

Litigation loans and third party funding.

We understand that funds and assets may be tied up in the disputed estate, and we’ll be as flexible as possible to ensure that’s not another worry on your mind. We’ll discuss the different payment options with you at the start.

Your first consultation with us is completely free, and there’s no obligation to continue.

Depending on the type of claim you’re making, you may need to start your claim within six months of the grant of representation being issued.

In all cases, it’s very important to seek legal advice as soon as possible, so you aren’t prevented from making a valid and potentially valuable claim. We’ll be able to advise you on your situation and how we can help.

Our Wills, Trusts and Estate Disputes team is the largest in the UK and we have offices across the country. We are experienced in managing high-net-worth and ultra-high-net-worth claims as well as less complex ones.

We’ve resolved some of the country’s most high-profile disputes and are particularly experienced with the unique challenges of multi-jurisdictional wealth management structures, rural property and inheritance tax.

We are recommended by the leading legal guides and pride ourselves on the strong relationship we build with our clients in what is often a very trying time.

My legal team has held my hand throughout, they have been incredibly patient and understanding"

Joy Williams, Client

Frequently Asked Questions

What Are The Grounds For Contesting A Will?

There are many reasons you may wish to contest a Will – or find yourself defending a contested one. This may be because of disputes over the terms of the Will, or because the Will itself is considered invalid.

A Will could be considered invalid if:

The proper protocol wasn’t followed when it was drawn up (this is known as ‘lack of due execution’)

Even if a Will is legally valid you might want to dispute it. This could be the case if you have been left out of a Will, or given less than you were promised or led to believe you would inherit. Visit our Inheritance Act page for more information.

How Do I Get A Copy Of The Will?

The executor of the estate or the solicitor of the person who died should be able to give you a copy of the Will. All Wills are eventually made public so it’s not restricted information, and everyone who inherits something from the Will is entitled to know that they are a beneficiary.

When a Will is disputed, the solicitor or Will writer has a duty to make a copy of the Will and its relevant documents available from the outset. Getting a copy of the Will is the first step – it’s important to see it as soon as possible, to avoid missing any time limits on making a claim.

If you don’t know who the executor is, you can search at the probate registry for a copy of the grant of probate – this will have a copy of the Will attached. If a grant of probate hasn’t been issued yet, you can put in a request for a standing search, and you’ll be notified when the grant is issued.

Call our specialist solicitors today on 0345 604 4895 if you have any questions about how to get a copy of the Will – or send us a message online and we’ll call you back.

Related Information - Wills, Trusts & Estate Disputes

Inheritance Act – More information about making a claim if you've been left out of a WillRead More

Contesting A Will – Find out more about challenging a Will you believe to be invalid or unfairRead More

Defending A Will – If you're facing a challenge to a Will we can help Read More

Trust Disputes – We can help you with a trust dispute whether you're a trustee or a beneficiaryRead More

Awards & Accreditations

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

I would have no hesitation in recommending Irwin Mitchell to others for advice in contesting a will. In my experience they, as a firm, are committed to providing a high standard of service through well qualified solicitors.

I have used Irwin Mitchell on two occasions and would certainly recommend them, I wouldn't go anywhere else... The service was very professional with the ability to identify and understand somebody else's feelings or difficulties.